Paper plate citation?

[Don951]

My new car was parked in front of my house last night and this morning I see a citation on the windshield that stated, "License plate missing." So I think to myself, I get a citation for paper plates and I wasn't even driving.
I live in a new housing neighborhood and would never of thought that I would receive such a petty parking violation right in front of my house. I feel like contesting this citation, what are my options? It's a fifty dollar fine.

[SgtCHP]

My new car was parked in front of my house last night and this morning I see a citation on the windshield that stated, "License plate missing." So I think to myself, I get a citation for paper plates and I wasn't even driving.
I live in a new housing neighborhood and would never of thought that I would receive such a petty parking violation right in front of my house. I feel like contesting this citation, what are my options? It's a fifty dollar fine.

We do not offer defense advice for violations. However, I will tell you that if the temporary registration was not properly posted on the vehicle; or, it has been some time since you purchased the vehicle and you have not yet attached the plates, then you are in violation. These are two factors you have failed to mention.

Now, if the vehicle was purchased in compliance with the following and the time frame has expired, then you are responsible to follow up with the dealer. It is not the officer's responsibility to track the issues.

Followup with your dealer and ascertain why there is a problem with your registration if the time frames have been exceeded.

Use and Display of Report-of-Sale Forms

4456.

(a) When selling a vehicle, dealers and lessor-retailers shall use numbered report-of-sale forms issued by the department. The forms shall be used in accordance with the following terms and conditions:

(1) The dealer or lessor-retailer shall attach for display a copy of the report of sale on the vehicle before the vehicle is delivered to the purchaser.

(2) The dealer or lessor-retailer shall submit to the department an application accompanied by all fees and penalties due for registration or transfer of registration of the vehicle within 30 days from the date of sale, as provided in subdivision (c) of Section 9553, if the vehicle is a used vehicle, and 20 days if the vehicle is a new vehicle. Penalties due for noncompliance with this paragraph shall be paid by the dealer or lessor-retailer. The dealer or lessor-retailer may not charge the purchaser for the penalties.

(3) As part of an application to transfer registration of a used vehicle, the dealer or lessor-retailer shall include all of the following information on the certificate of title, application for a duplicate certificate of title, or form prescribed by the department:

(A) Date of sale and report of sale number.

(B) Purchaser's name and address.

(C) Dealer's name, address, number, and signature or signature of authorized agent.

(D) Salesperson number.

(4) If the department returns an application and the application was first received by the department within 30 days of the date of sale of the vehicle if the vehicle is a used vehicle, and 20 days if the vehicle is a new vehicle, the dealer or lessor-retailer shall submit a corrected application to the department within 50 days from the date of sale of the vehicle if the vehicle is a used vehicle, and 40 days if the vehicle is a new vehicle, or within 30 days from the date that the application is first returned by the department if the vehicle is a used vehicle, and 20 days if the vehicle is a new vehicle, whichever is later.

(5) If the department returns an application and the application was first received by the department more than 30 days from the date of sale of the vehicle if the vehicle is a used vehicle, and 20 days if the vehicle is a new vehicle, the dealer or lessor-retailer shall submit a corrected application to the department within 50 days from the date of sale of the vehicle if the vehicle is a used vehicle, and 40 days if the vehicle is a new vehicle.

(6) An application first received by the department more than 50 days from the date of sale of the vehicle if the vehicle is a used vehicle, and 40 days if the vehicle is a new vehicle, is subject to the penalties specified in subdivisions (a) and (b) of Section 4456.1.

(7) The dealer or lessor-retailer shall report the sale under Section 5901.

(b) (1) A transfer that takes place through a dealer conducting a wholesale vehicle auction shall be reported to the department by that dealer on a single form approved by the department. The completed form shall contain, at a minimum, all of the following information:

(A) The name and address of the seller.

(B) The seller's dealer number, if applicable.

(C) The date of delivery to the dealer conducting the auction.

(D) The actual mileage of the vehicle as indicated by the vehicle's odometer at the time of delivery to the dealer conducting the auction.

(E) The name, address, and occupational license number of the dealer conducting the auction.

(F) The name, address, and occupational license number of the buyer.

(G) The signature of the dealer conducting the auction.

(2) Submission of the completed form specified in paragraph (1) to the department shall fully satisfy the requirements of subdivision (a) and subdivision (a) of Section 5901 with respect to the dealer selling at auction and the dealer conducting the auction.

(3) The single form required by this subdivision does not relieve a dealer of any obligation or responsibility that is required by any other provision of law.

(c) A vehicle displaying a copy of the report of sale may be operated without license plates or registration card until either of the following, whichever occurs first:

(1) The license plates and registration card are received by the purchaser.

(2) A six-month period, commencing with the date of sale of the vehicle, has expired.

Amended Ch. 180, Stats. 1994. Effective July 11, 1994.
Amended Sec. 1, Ch. 813, Stats. 1996. Effective January 1, 1997.
Amended Sec. 12, Ch. 945, Stats. 1997. Effective January 1, 1998.
Amended Sec. 2, Ch. 600, Stats. 1998. Effective January 1, 1999.
Amended Sec. 17, Ch. 594, Stats. 2003. Effective January 1, 2004.

Violations:

Penalties

4456.1. (a) A dealer or lessor-retailer who violates paragraph (1), (2), or (7) of subdivision (a) of Section 4456 shall pay to the department an administrative service fee of five dollars ($5) for each violation.

(b) A dealer or lessor-retailer who violates paragraph (4), (5), or (6) of subdivision (a) of Section 4456 shall pay to the department an administrative service fee of twenty-five dollars ($25) for each violation.

(c) Subject to subdivision (d), each violation of Section 4456 is, in addition to the obligation to pay an administrative service fee, a separate cause for discipline pursuant to Section 11613 or 11705.

(d) A violation of subdivision (a) of Section 4456 because of a dealer or lessor-retailer's failure to submit to the department an application for registration or transfer of registration is a cause for disciplinary action pursuant to Section 11613 or 11705 only if the initial application is submitted 50 days or more following the date of sale of the vehicle if the vehicle is a used vehicle, and 40 days if the vehicle is a new vehicle.

Amended Sec. 3.1, Ch. 1155, Stats. 1996. Effective January 1, 1997. Supersedes Ch. 813.

[Retired96]

Sgt CHP, my brother in law bought a new car almost 5 months and still hasn't received his new plates. He contacted DMV two times and was advised that due to problems in the state prison where our plates are made they have no idea when he will get his new plates.

[Mabbottusmc]

goto the DMV and get an extension.

[Fuzz]

My new car was parked in front of my house last night and this morning I see a citation on the windshield that stated, "License plate missing." So I think to myself, I get a citation for paper plates and I wasn't even driving.
I live in a new housing neighborhood and would never of thought that I would receive such a petty parking violation right in front of my house. I feel like contesting this citation, what are my options? It's a fifty dollar fine.

When did you buy the car?? Was the dealer paperwork in the front window???

Unfortunately most people who get parking tickets think they are "petty", but if you were in violation then it is a good ticket.

[Don951]

I bought the car two weeks ago, and yes the dealer paperwork was on the front window. I am not sure what to do.

[Retired96]

what vehicle code section were you cited for, I assume 5200 CVC. Personally I would call the dept. ask to speak to the officer that wrote the ticket, or even speak with the watch commander. If what you say is correct, it sounds like the ticket may have been issued in error which I have seen done many times in my carreer.

In my day in patrol the watch commander was allowed to void a ticket at the officers request with a good reason, but I don't know if that is the case now.

[Fuzz]

I bought the car two weeks ago, and yes the dealer paperwork was on the front window. I am not sure what to do.

If it was a parking ticket there should be "request for dismissal" instructions onthe back. If not call the issuing agency and find out the procedure for dismissal requests. Make sure you do it right away to stop the penalty assessment..... most parking tickets double in price if you dont respond within 30 days. Once you submit the request the fee will not increase as you go through the process.

[SgtCHP]

Sgt CHP, my brother in law bought a new car almost 5 months and still hasn't received his new plates. He contacted DMV two times and was advised that due to problems in the state prison where our plates are made they have no idea when he will get his new plates.

Unfortunately, he will have to take the paperwork to DMV and obtain an extension - one of those little red stickers that are displayed in the rear window. Not a problem and should not cost him any money. Just time and an appearance at DMV. Alternative is to go to the AAA of SoCal, if he is a member.

[barkalot]

Chances are the officer didn't get out of his patrol vehicle to check if there was a temporary in the front window.

Fuzz is correct, there should be instructions on how to handle the citation.

Where I previously worked parking citations were handled entirely by the department, not the courts, and could be dismissed at will by the department head.

We also used a private company that did "collections" on the citations. They would contact the recipient if payment had not been made. Usually a penalty was included at that point. If the citation was never paid, the company would contact DMV and you wouldn't be allowed to re-register your vehicle until the citation was satisfied.

Whatever you do, handle it promptly.

I was big on disabled parking which carried something like a $275 fine. I learned from experience that sometimes people with placards simply forget to place them where they are visible. I always went the extra mile to avoid issuing a citation that was going to be dismissed later. I very carefully did a visual inspection and could usually see the placard sticking out of the center console or laying on the floor.

I did the same with parked vehicles with no license plates, especially if they appeared new.

Of all the citizen complaints our department received, the large majority were about parking citations that people received when the vehicle was parked in front of their house at night.

[Retired96]

Since the new car had no plates, the officer had to get out of his car and walk up to the front left windshield so he could see the VIN number, as that is the only thing he could have written down on the parking ticket to ID the car.. This was a ticket that never should have been written. It was a BS ticket and if I was the owner of the car I would be a little upset.